ETC light and code P2173

This is the code I get after using cruise control for a length of time and then coming off the highway with just break. If I take it out of cruise and give it gas manually it seems not to do this. The truck runs rough and surges, but after turing off it is fine.

I took it to a Dodge dealer in GA and they claim they had a previous customer with the same problem and same intake. They just say to go back to stock intake. This is a new problem and I have had the intake on since almost new. The tube just replaces everything from the airbox to the throttle body.

2004 durango hemi 57000 miles. Any clues? I have also had the pcm flashed, years ago.